Delay Events. (a) If the Concessionaire is affected by a Delay Event, it shall give notice within 30 days following the date on which it first became aware (or should have been aware, using all reasonable due diligence) of such Delay Event to the Department (provided, that in the case of the same Delay Event being a continuing cause of delay, only one notice shall be necessary), which notice shall include (i) a statement of which Delay Event the claim is based upon, (ii) details of the circumstances from which the delay arises, and (iii) an estimate of the delay in the performance of obligations under this Agreement attributable to such Delay Event and information in support thereof, if known at that time. The Department shall, after receipt of the said notice, be entitled by notice to require the Concessionaire to provide such further supporting particulars as the Department may reasonably consider necessary. If for any reason the Concessionaire fails to deliver such notice of a Delay Event within such 30 day period, the Concessionaire shall be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event.
(b) The Concessionaire shall notify the Department within 15 days following the date on which it first became aware (or should have been aware, using all reasonable due diligence) that such a Delay Event has ceased.
(c) Subject to the Concessionaire giving the notice required in Section 13.01(a)(i), a Delay Event pursuant to this subsection (b) shall excuse the Concessionaire from whatever performance is prevented by the Delay Event referred to in such notice for such appropriate number of days as the Department and the Concessionaire jointly determine, each acting reasonably. During the Work Period, extensions for Delay Events affecting the Work shall be based on TIA and the then current Baseline Schedule, taking into account impacts of the Delay Events on critical path items. If the Department and the Concessionaire cannot agree upon the period of extension, then either Party shall be entitled to refer the matter to the dispute resolution procedure in Section 17.06. This Section 13.01(c)(iii) shall not excuse the Concessionaire from the performance and observance under this Agreement of all obligations and covenants not affected by the Delay Event. Notwithstanding the occurrence of a Delay Event, the Concessionaire shall continue its performance and observance under this Agreeme...
Delay Events. 40.1 If, at any time, Project Co becomes aware that the Works will not be (or are unlikely to be) completed by the Completion Date, Project Co shall forthwith give notice to the Trust’s Representative to that effect specifying the relevant delay or impediment. In relation to any such delay or impediment:
40.1.1 if the Trust’s Representative is satisfied, or it is determined in accordance with Schedule 26 (Dispute Resolution Procedure), that such delay or impediment has arisen as a result of the occurrence of a Delay Event, then, subject to Clause 40.2 (Mitigation) the Trust’s Representative shall allow Project Co an extension of time equal to the delay or impediment caused by such Delay Event (taking into account reasonably foreseeable consequences of the Delay Event) and shall fix a new Completion Date which shall replace the existing Completion Date; but
40.1.2 to avoid doubt, there shall be no extension to the Project Term as a result of any such delay or impediment.
40.2 If Project Co is (or claims to be) affected by a Delay Event:
40.2.1 it shall (and shall procure that the Project Co Parties shall) take and continue to take all reasonable steps to eliminate or mitigate the consequences of such an event upon the performance of its obligations under this Agreement and, where relevant, resume performance of its obligations affected by the Delay Event as soon as practicable; and
40.2.2 it shall neither be relieved from liability under this Agreement nor entitled to any extension of time for the purpose of Clause 40.1.1 (Delay Event) to the extent that it is delayed or impeded due to its failure (if any) to comply with its obligations under Clause 40.2.1.
40.3 For the purposes of this Agreement, Delay Events means any of the following to the extent in each case that it has a material and adverse effect on Project Co’s ability to complete the Facilities by the Completion Date:
40.3.1 a Trust Works Variation initiated by a Trust Works Variation Enquiry in accordance with paragraph 2 of Part 1 of Schedule 22 (Variation Procedure) in relation to which Project Co has issued a response pursuant to paragraph 3.2(b) of Part 1 of Schedule 22 (Variation Procedure) specifying and providing evidence that implementation of the Trust Works Variation would prevent the Actual Completion Date from occurring by the Completion Date, if this has been agreed between the parties or determined to be the case in accordance with Schedule 26 (Dispute Resolution Procedure);
40.3.2 ...
Delay Events. If, at any time, Project Co becomes aware that there will be (or is likely to be) a delay in completion of the Works [relating to one or more Phases], Project Co shall forthwith give notice to the Authority's Representative to that effect specifying the relevant delay or impediment. In relation to any such delay or impediment if the Authority's Representative is satisfied, or it is determined in accordance with Schedule 20 (Dispute Resolution Procedure), that such delay or impediment has arisen as a result of the occurrence of a Delay Event, then, subject to Clause 34.2 (Delay Events), the Authority's Representative shall allow Project Co an extension of time equal to the delay or impediment caused by such Delay Event (taking into account reasonably foreseeable consequences of the Delay Event) and shall revise the Completion Date [relevant Phase Completion Date(s)] accordingly but to avoid doubt, there shall be no extension to the Project Term as a result of any such delay or impediment.
Delay Events. The Scheduled Commencement Date may be delayed from time to time due to any or all of the following events (collectively, “Delay Events”) : 6.
1.1. Change Orders requested or approved by Tenant; 6.
Delay Events. (a) If the Seller is delayed in achieving any of the Seller’s Conditions due to a Regulatory Delay Event, then the Buyer, acting reasonably, must adjust the Scheduled Conditions Satisfaction Date by the length of time the Seller is delayed in achieving the relevant Seller’s Conditions due to the Regulatory Delay Event.
(b) If the Buyer is delayed in achieving any of the Buyer’s Conditions by the Scheduled Conditions Satisfaction Date, then the Buyer, acting reasonably, must adjust the Scheduled Conditions Satisfaction Date by the length of time the Buyer is delayed in achieving the Buyer’s Conditions, provided that the Buyer must not extend the Scheduled Conditions Satisfaction Date by more than 20 Business Days in the aggregate for all delays in achieving the Buyer’s Conditions.
(c) If clause 3.1(h) applies, the Scheduled Conditions Satisfaction Date will be automatically extended by 20 Business Days.
Delay Events. .1 If, during Phase 2 of this Agreement, ERC experiences a Delay Event that: (i) is attributable to acts, omissions conditions, events, or circumstances beyond ERC’s reasonable control; (ii) is due to no fault of ERC;
Delay Events. 114 Section 13.01 Delay Event Notice and Determination .........................................................114 Section 13.02 Delay Events During the Construction Period ...............................................115 Section 13.03 Delay Events After the Service Commencement Date ..................................116
Delay Events. 18.1 If the Operational Date will or is likely to be prevented from occurring by the Planned Operational Date by one of the following events (each such event being a “Delay Event”), namely:-
18.1.1 Force Majeure or any Relief Event;
18.1. 1A opening up of part of the Works pursuant to Clause 15.3 where such part of the Works is not subsequently found to be defective;
18.1.2 the instigation and implementation of any Trust Change or a Deemed Change or a Necessary Works Change pursuant to the Change Procedure;
18.1.3 any material breach of its obligations under this Agreement, by the Trust or a Trust Party, or any other act or omission of the Trust or a Trust Party which prevents the Operator from carrying out its obligations pursuant to this Agreement (but only to the extent that such breach has not been caused or contributed to by the Operator or any Operator Party);
18.1.4 any strike by employees of the Trust or a Trust Party which prevents the Operator from carrying out its obligations pursuant to this Agreement (but only to the extent that such breach has not been caused or contributed to by the Operator or any Operator Party);
18.1.5 an industrial dispute affecting industry in Scotland as a whole or an industrial dispute affecting the whole or a significant part of a particular industry or an industrial dispute affecting the preparation, manufacture or transportation of any goods or materials required for the Works or labour required for the Works (but only to the extent that such industrial dispute has not been caused or contributed to by the Operator or any Operator Party);
18.1.6 the discovery or presence of (a) human remains on consecrated land,
Delay Events. 72 Section 13.01 Delay Event Notice and Determination..............................................72 Section 13.02 Delays Affecting Performance of the Design-Build Work ................73 Section 13.03 Delay Events Affecting Performance of the O&M Work ..................73 ARTICLE 14 COMPENSATION EVENTS; DEPARTMENT CHANGES; AND DEVIATIONS ........................................................................................................74
Delay Events. 8.1 Enbridge’s performance under this Third Agreement shall be excused as a result of any Delay Event. For purposes of this Third Agreement, “Delay Event” is defined as any event arising from causes beyond the control of Enbridge, any entity controlled by Enbridge, or any of Enbridge’s contractors, that delays or prevents the performance of any obligation under this Third Agreement, despite Enbridge’s best efforts to fulfill the obligation. “Best efforts to fulfill the obligation” includes using best efforts to address the effects of any such event: (a) as it is occurring; and (b) following its occurrence, such that the delay and any adverse effects of the delay are minimized.
